Ninth Circuit

Breaking News: Ninth Circuit Upholds California’s Low Carbon Fuel Standard

Does California’s life cycle analysis of the carbon intensity of transportation fuel facially discriminates against out-of-state ethanol?

In a sweeping victory for the California Air Resources Board, the Ninth Circuit today issued an opinion in Rocky Mountain Farmers Union v. Corey upholding the state’s Low Carbon Fuel Standard (LCFS) and reversing a lower court ruling that the LCFS facially discriminated against interstate commerce in violation of the U.S. Constitution.  The court also vacated the …

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Shark Fins, Federal Preemption & the Ninth Circuit–An Update

Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California’s recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who’d filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for …

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Feds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation

In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins.  California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years.  The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …

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Ninth Circuit Rejects Water Agency’s “Area of Origin” Water Rights Claim

Responding to the current drought conditions confronting California, state and federal water project officials have announced cutbacks in anticipated water deliveries this summer and fall from both the Central Valley Project (CVP) and State Water Project.  It’s with that sobering backdrop that a recent decision from the U.S. Court of Appeals for the Ninth Circuit …

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Ninth Circuit takes up NRDC v. Salazar en banc

The Ninth Circuit today issued an order granting rehearing en banc in NRDC v. Salazar, meaning that an 11-member panel will now reconsider the 3-judge panel decision issued last July. (Hat tip: Endangered Species and Wetland Report.) This is very good news, because the (split) panel decision was wrong in important respects. (Full disclosure — …

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What to expect in the logging roads case

Cross-posted at CPRBlog. This coming Monday, Dec. 3, the U.S. Supreme Court will hear oral argument in the logging roads case. The case involves two consolidated petitions, Decker v. Northwest Environmental Defense Center and Georgia Pacific v. Northwest Environmental Defense Center , both challenging the same decision of the Ninth Circuit, Northwest Environmental Defense Center …

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Previewing This Week’s Constitutional Battle Over California’s Low Carbon Fuel Standard

On Tuesday morning, October 16th, attorneys will gather at the U.S. Court of Appeals for the Ninth Circuit’s majestic courthouse in downtown San Francisco to argue one of the nation’s most important, currently-pending environmental cases.  The case is Rocky Mountain Farmers Union v. Goldstene, and the issue is the constitutionality of California’s Low Carbon Fuel …

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Ninth Circuit Finds Public Nuisance Lawsuit Unavailable to Address Climate Change Impacts on Threatened Native Alaskan Village

Today, the Ninth Circuit issued an opinion affirming a federal district court decision to dismiss the lawsuit filed by the Native Alaskan Village of Kivalina that sought damages from oil and electric power companies whose greenhouse gas emissions have contributed to climate change.   Kivalina contended that the companies’ greenhouse gas emissions constituted a public …

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Ninth Circuit corrects itself on gold mining and the ESA

Cross-posted at CPRBlog. The en banc 9th Circuit issued its opinion Friday in Karuk Tribe v. US Forest Service. This opinion brings a welcome reversal of a panel opinion from last April which had ruled in a split decision that the Forest Service did not have to consult with the wildlife agencies before authorizing suction …

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Ninth Circuit upholds gray wolf rider

  As expected, the Ninth Circuit has now upheld the appropriations rider that directed the Fish and Wildlife Service to reissue its rule removing the gray wolf in Montana and Idaho from the list of endangered and threatened species. (Hat tip: Endangered Species Law and Policy blog.) The panel (all drawn from the Ninth Circuit’s …

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